Vietnam: Approval for demand for employment of foreign workers

1. At least 20 days before the planned date of employing foreign workers, the employer (excluding contractors) must submit the declaration and explanation about his/her demand for employment of foreign workers as regulated in Article 4 of Decree No. 11/2016/ND-CP of Vietnam’s Government to the approving authority through the website, excluding the cases prescribed in Clauses 4, 5 and 8 Article 172 of the Labour Code and Points e, h Clause 2 Article 7 of Decree No. 11/2016/ND-CP.

At least 10 days before the planned date of employing foreign workers, the employer must send a report on any changes in his/her demand for employment of foreign workers through the website.

2. Within 12 days from the receipt of the declaration and explanation or report on change in demand for employment of foreign workers as regulated by law, the approving authority must give a response by sending an email to the employer. If the explanation or report on demand for employment of foreign workers is not consistent with the law regulations, the approving authority shall send an email which indicates reasons thereof to the employer.

3. After receiving a response indicating that the employer's explanation or report on change in demand for employment of foreign workers is conformable with the law regulations, the employer shall by hand or by post submit the original explanation and/or report to the approving authority for verification and retention as regulated.

Not later than 8 working hours from the receipt of the original explanation and/or report, the approving authority must give processing results to the employer. The employer may receive processing results by hand or by post via the employer’s registered address.

4. In case the original explanation and/or report on change in demand for employment of foreign workers do/does not match with the ones sent through the website, the approving authority shall give a written response or send an email or directly notify such issue to the employer.

Circular No. 23/2017/TT-BLĐTBXH of the Ministry of Labour, War Invalids and Social Affairs of Vietnam takes effect from October 02, 2017.

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